Department of Environmental Affairs Minister Edna Molewa has announced her intention to amend certain provisions of the National Environmental Management Act and specific environmental management acts through the National Environmental Management Laws Amendment Bill, 2015 (NEMLA Bill).
On 13 October 2015, Molewa published the NEMLA Bill intended to amend certain provisions of the National Environmental Management Act and Specific Environmental Management Acts in Government Gazette no: 39287 Laws to be affected The purpose of the NEMLA Bill is to amend certain provisions of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEMWA), the National Environmental Management Amendment Act, 2008 (Act No. 62 of 2008) (NEMAA), and the National Environmental Management Laws Amendment Act, 2014 (Act No. 25 of 2014) (NEMLA); National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA), the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) (NEMPAA), the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA); the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) (NEMAQA) and the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) (ICM Act). The amendment of these laws is to provide for textual amendments and clarity on certain matters pertaining to these laws. Some of the effects the changes will have include but are not limited to:
- Amendments to NEMWA, amongst others, intended to move all definitions from Schedule 3 to section 1; to provide for textual amendment to the definitions of “residue deposits” and “residue stockpiles” and “waste”; to provide clarity that the Waste Management Bureau is established as a specialised delivery unit within the Department;
- Amendments to NEMLA to clarify that an environmental management programme or plan on residue deposit or residue stockpile approved under the Mineral and Petroleum Resources Development Act (MPRDA) is valid under NEMWA; to provide clarity regarding an appeal against environmental management programme or plan on residue deposit or residue stockpile lodged under the MPRDA to be finalised under that Act; to provide for continuation of environmental regulations developed under the MPRDA until the development and publication of such regulations under NEMA and NEMWA and to provide for matters connected therewith.
- Amendments to ICM Act to allow for the removal of structures erected prior to commencement of the Act; to provide legal clarity that an appeal against a decision issued by delegated official must be lodged at the appropriate sphere of government and appeal authority;
